Promoting the Rights of Children with Disabilities, UNICEF

(a) The right of all persons with disabilities who areof marriageable age to marry and to found a familyon the basis of free and full consent of the intendingspouses is recognized;(b) The rights of persons with disabilities to decidefreely and responsibly on the number and spacing oftheir children and to have access to age-appropriateinformation, reproductive and family planningeducation are recognized, and the means necessaryto enable them to exercise these rights are provided;(c) Persons with disabilities, including children, retaintheir fertility on an equal basis with others.2. States parties shall ensure the rights andresponsibilities of persons with disabilities, withregard to guardianship, wardship, trusteeship,adoption of children or similar institutions, wherethese concepts exist in national legislation; inall cases the best interests of the child shall beparamount. States parties shall render appropriateassistance to persons with disabilities in theperformance of their child-rearing responsibilities.3. States parties shall ensure that children withdisabilities have equal rights with respect to familylife. With a view to realizing these rights, and toprevent concealment, abandonment, neglect andsegregation of children with disabilities, Statesparties shall undertake to provide early andcomprehensive information, services and support tochildren with disabilities and their families.4. States parties shall ensure that a child shall not beseparated from his or her parents against their will,except when competent authorities subject to judicialreview determine, in accordance with applicable lawand procedures, that such separation is necessary forthe best interests of the child. In no case shall a childbe separated from parents on the basis of a disabilityof either the child or one or both of the parents.5. States parties shall, where the immediate family isunable to care for a child with disabilities, undertakeevery effort to provide alternative care within thewider family, and failing that, within the community ina family setting.Article 24Education1. States parties recognize the right of persons withdisabilities to education. With a view to realizing thisright without discrimination and on the basis of equalopportunity, States parties shall ensure an inclusiveeducation system at all levels and life long learningdirected to:(a) The full development of human potentialand sense of dignity and self-worth, and thestrengthening of respect for human rights,fundamental freedoms and human diversity;(b) The development by persons with disabilities oftheir personality, talents and creativity, as well astheir mental and physical abilities, to their fullestpotential;(c) Enabling persons with disabilities to participateeffectively in a free society.2. In realizing this right, States parties shall ensurethat:(a) Persons with disabilities are not excluded from thegeneral education system on the basis of disability,and that children with disabilities are not excludedfrom free and compulsory primary education, or fromsecondary education, on the basis of disability;(b) Persons with disabilities can access an inclusive,quality and free primary education and secondaryeducation on an equal basis with others in thecommunities in which they live;(c) Reasonable accommodation of the individual’srequirements is provided;(d) Persons with disabilities receive the supportrequired, within the general education system, tofacilitate their effective education;(e) Effective individualized support measures areprovided in environments that maximize academicand social development, consistent with the goal offull inclusion.3. States parties shall enable persons with disabilitiesto learn life and social development skills to facilitatetheir full and equal participation in education andas members of the community. To this end, Statesparties shall take appropriate measures, including:(a) Facilitating the learning of Braille, alternativescript, augmentative and alternative modes, meansand formats of communication and orientation andmobility skills, and facilitating peer support andmentoring;(b) Facilitating the learning of sign language andthe promotion of the linguistic identity of the deafcommunity;(c) Ensuring that the education of persons, and inparticular children, who are blind, deaf or deafblind,is delivered in the most appropriate languagesand modes and means of communication for theindividual, and in environments which maximizeacademic and social development.4. In order to help ensure the realization of this right,States parties shall take appropriate measures toemploy teachers, including teachers with disabilities,who are qualified in sign language and/or Braille, andto train professionals and staff who work at all levelsof education. Such training shall incorporate disabilityInnocenti Digest No. 13Promoting the Rights of Children with Disabilities58